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PAULL v. PARK COUNTY

No. DA 07-0751.

218 P.3d 1198 (2009)

2009 MT 321

352 Mont. 465

Jaydon PAULL, Plaintiff and Appellant, v. PARK COUNTY, Montana, and State of Montana, Defendants and Appellees.

Supreme Court of Montana.

Submitted March 24, 2009.

Decided September 29, 2009.

Rehearing Denied November 3, 2009.

Attorney(s) appearing for the Case

For Appellant: Courtney Jo Lawellin (argued), Walter Madden, Attorneys at Law, Livingston, Montana.

For Appellees: Thomas G. Bowe (argued), Assistant Attorney General; Agency Legal Services Bureau, Helena, Montana (for State of Montana) Steven R. Milch (argued), Matthew S. Brahana (argued); Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P., Billings, Montana (for Park County, Montana).

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 This is an appeal by Jaydon Paull from the November 26, 2007, order of the District Court of the Sixth Judicial District, Park County, granting summary judgment to Park County and the State of Montana. We reverse.

¶ 2 Paull presents issues for review that we restate as follows:

¶ 3 Issue One: Whether the District Court erred in holding that the County did not have...

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